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- Battle Pty Ltd v Hoy[2000] QDC 43
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Battle Pty Ltd v Hoy[2000] QDC 43
Battle Pty Ltd v Hoy[2000] QDC 43
DISTRICT COURT OF QUEENSLAND
CITATION: | Battle Pty Ltd and Anor v. Hoy [2000] QDC 043 |
PARTIES: | M R & D M BATTLE PTY LTD (First Plaintiff) & LAUREN CLAUDIA RUSSELL (Second plaintiff) v. CHRISTINE JEANETTE HOY (Defendant) |
FILE NO/S: | D3729 of 1999 |
DIVISION: |
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PROCEEDING: | Application |
ORIGINATING COURT: | District Court Brisbane |
DELIVERED ON: | 5 May 2000 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 13 March 2000 |
JUDGE: | McGill DCJ |
ORDER: | Find the defendant guilty of contempt of court. Decline to impose any specific penalty. Reserve the costs, including reserved costs, of the application to the trial judge. |
CATCHWORDS: | JUDGMENTS AND ORDERS – mandatory injunction – when need not be served – whether notice warning defendant required – whether defendant guilty of contempt – what punishment ENFORCEMENT – non-money order – contempt – requirements when defendant present when order made – whether proved – what punishment Uniform Civil Procedure Rules 665(3), 904 Commissioner of Water Resources v. FEDFA [1988] 2 Qd.R. 385 – distinguished AMIEU v. Mudginberri Station Pty Ltd (1986) 161 CLR 98 – followed Australian Competition and Consumer Commission v. Australian Business Reports Pty Ltd [1997] ATPR 44,004 – followed Marron v. Salvemini [1969] WAR 178 – followed |
COUNSEL: | L.D. Bowden for the plaintiffs C.J. Carrigan for the defendant |
SOLICITORS: | Hede Byrne and Hall for the plaintiffs Madden & Co for the defendant |
This is an application under r. 926 for an order that the defendant be dealt with for contempt. The application was on the basis that the defendant had failed to comply with an order which I made on 1 October 1999. On that day I ordered by consent:
“1. That an injunction be hereby granted and the defendant be restrained as follows:
- (a)the defendant cause a recorded message to be installed on Toowoomba telephone number 4639 4822 as follows:
“Thank you for calling 4639 4822. If you wish to speak to “Business Central” please phone 4659 5200 otherwise hold the line and we will answer the phone now”.
- (b)That the defendant cause the recorded message to be placed on Toowoomba phone number 4639 4822 as from Monday 4 October 1999 and to continue to operate until the publication and distribution of the new 2000 Toowoomba telephone book in the White and Yellow pages.”
The plaintiff alleged that the defendant deliberately breached that order, by not placing that recording on that telephone line, but instead having it disconnected.
Background
The action was commenced by claim filed on 23 September 1999 by which the plaintiffs claimed various relief including:
“(1) an injunction to restrain the defendant from engaging in misleading and deceptive conduct concerning the use of telephone number 4639 4822 and/or telephone number 4639 1944;
- (2)…